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HomeMy WebLinkAbout3.0 Resolution 80-79Recorders 4-62- 'O o'clock )0 , ICiI: SAY 2 1 1980 Recepfcn Nc. 304057 MILDRED ALSDORF, RECORDER STATE OF COLORADO County of Garfield regular At a meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on Monday , the 19th day of May A. D. 19 80 , there were present: Richard C. Jolley ss. B00K 548 PAGE920 Larry Velasquez Flaven J. Cerise Arthur A. Abplanalp Jr. Nancy Sprick Page, Deputy when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 80-79 , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR ROBERT ARNOLD WHEREAS, Robert Arnold has petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdivision" and "subdivided land" under C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of a 51.12 acre tract described as follows: that parcel of land as described in Book 535 at Page 351 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 4 tracts of approximately 45.0, 2.0, 2.0, and 2.0 acres each, more or less, which proposed divided tracts are more parti- cularly described as follows: Tract A: A parcel of land situated in Lot 6, Township 7 South, Range 87 West of the Sixth Principal Meridian, lying northerly of the northerly right-of-way line of Colorado State Highway No. 82, described as follows: Beginning at the Southwest Corner of Lot 4 in said Township and Range; thence S.01°15'00"W. 323.27 feet to the true point of beginning; thence S.88045'00"E. 268.63 feet; thence S.04°11'00"W. 379.66 feet to a point on said right-of-way line; the8ce N.72°10'33"W. 260.00 feet along said right-of-way line; thence N.01 15'00"E. 305.00 feet to the true point of beginning. Said parcel of land contains 2.04 acres, more or less. Tract B: A parcel, of land situated in Lot 6, Township 7 South, Range 87 West of the Sixth Principal Meridian, lying northerly of the northerly right-of-way line of Colorado State Highway No. 82, described as follows: Beginning at the Southwest Corner of Lot 4 in said Township and Range; thence S.01°15'00"W. 323.27 feet; thence 5.88°45'00"E 268.63 feet to the true point of beginning; thence S.88°45'00"E. 212.00 feet; thence S.01°15'00"W. 448.04 feet to a point on said right-of-way line; thence N.72°10'33"W. 241.46 feet along said right-of-way line; thence N.01°15'00"E. 379.66 feet to the true point of beginning. Said parcel of land contains 2.01 acres more or less. Tract C: A parcel of land situated in Lot 6, Township 7 South, Range 87 West of the Sixth Principal Meridian, described as follows: Beginning at the Southwest Corner of Lot 4 in said Township and Range; thence S.88°45'00"E. 290.00 feet; thence S.01°15'00"W. 323.27 feet; thence N.88°45'00"W. 290.00 feet, thence N.01°15'00"E. 323.27 feet to the point of beginning. Said parcel of land contains 2.15 acres, more or less. Tract "A", "B", and "C" are located in the State of Colorado and County of Garfield; and WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that the proposed division does not fall within the purposes of Part 1, Article 28, Title 30, Colorado BDOK 548 ncE92l Revised Statutes 1973, as amended, for the reason that the impact created is not large enough to proceed through the full subdivision review; and WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating domestic water on each of said tracts, that there is adequate ingress and egress to said tracts, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is not part of an existing or larger development and does not fall within the general purposes and intent of the subdivision regulations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended; NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts "A", "B", and "C" from the above described 51.12 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A", "B", and "C", all as is more fully described above, and said divided tract may be conveyed in the form of such smaller tracts without further compliance with the aforesaid subdivision statutes and regulations; provided, however, that this exemption is granted on the condition and with the express understanding and agreement of the Petitioner that no further exemptions be allowed on said tracts "A", "B", and "C", and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. ADOPTED the ATTEST: 19th day of Deputy perk 'of the Bp'rd of Count Commissioners Garfield County, Colorado May A.D. 1980. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Richard C. JolleyAye Flaven J. Cerise Aye Larry Velasquez STATE OF COLORADO ss County of Garfield Aye Commissioners I, , County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Order is truly copied from the Records of the Proceedings of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A. D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners.